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Madras High CourtCMSA/32/2008dismissed for nonprosecution

Kavitha @ Bhuvaneswari v. A.Ravikumar @ Thangavel

2019-01-09Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2019 Coram THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN C.M.S.A.No.32 of 2008 and M.P.No. 1 of 2008 Kavitha @ Bhuvaneswari ... Appellant/Petitioner versus A. RaviKumar @ Thangavel ... Respondent/Respondent Prayer : The Civil Miscellaneous Second Appeal is filed under Section 28 of Hindu Marriage Act r/w Section 100 of Civil Procedure Code to set aside the Judgment and Decree passed in C.M.A.No.46 of 2007 dated 13.02.2008 by I Additional District Judge at Erode and confirm the fair and decreetal order passed in H.M.O.P.No. 50 of 2005 dated 27.04.2007 on the file of Principal Subordinate Judge, Erode, dated 27.04.2007 and allow this appeal with cost.

For Appellant : Mr.C. Vijayalakshmi For Respondent : Mr.S.G. Srinivasan

J U D G M E N T

This Civil Miscellaneous Second Appeal is filed to set aside the Judgment and Decree passed in C.M.A.No.46 of 2007 dated 13.02.2008 by I Additional District Judge at Erode and confirm the fair and decreetal order passed in H.M.O.P.No. 50 of 2005 dated 27.04.2007 on the file of Principal Subordinate Judge, Erode, dated 27.04.2007.

2.When the matter was called on 17.12.2018 there was no representation for the appellant hence, the Registry was directed to list the matter on 19.12.2018 under the caption "for dismissal". When the matter was listed on 19.12.2018, there was no representation for the appellant and it was adjourned to 08.01.2019, under the same caption. Even today(i.e) on https://hcservices.ecourts.gov.in/hcservices/

09.01.2018 when the matter was called there was no representation for the appellants and hence this Civil Miscellaneous Second Appeal is dismissed for non prosecution. Consequently connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar smn To.

1. The I Additional District Judge, Erode

2. The Principal Subordinate Judge, Erode

3. The Section Officer, VR Section, High Court, Madras. C.M.S.A.No.32 of 2008 SR(CO) GMY(05/02/2019) https://hcservices.ecourts.gov.in/hcservices/